ILLINOIS POLLUTION CONTROL BOARD
    August 17, 2006
     
    PEOPLE OF THE STATE OF ILLINOIS,
     
    Complainant,
     
    v.
     
    LAZAR BROTHERS TRUCKING, INC., an
    Illinois corporation,
     
    Respondent.
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    PCB 06-183
    (Enforcement - Water)
     
    ORDER OF THE BOARD (by A.S. Moore):
     
    On June 6, 2006, the Office of the Attorney General, on behalf of the People of the State
    of Illinois (People), filed a complaint against Lazar Brothers Trucking, Inc. (Lazar).
    See
    415
    ILCS 5/31(c)(1) (2004); 35 Ill. Adm. Code 103.204. The People allege that Lazar violated
    sections 12(b) and 12(f) of the Environmental Protection Act (Act) (415 ILCS 5/12(b), 12(f)
    (2004)) and section 309.202(a) of the Board’s regulations (35 Ill. Adm. Code 309.202(a)). The
    People further allege that Lazar violated these provisions by performing small construction
    activities without applying for a National Pollutant Discharge Elimination System (NPDES)
    storm water permit and by failing to obtain a permit from the Illinois Environmental Protection
    Agency before constructing a sewer. The complaint concerns Lazar’s trucking facility located at
    91 Sola Drive, Gilberts, Kane County.
     
    On August 2, 2006, the People and Lazar filed a stipulation and proposed settlement,
    accompanied by a request for relief from the hearing requirement of Section 31(c)(1) of the Act
    (415 ILCS 5/31(c)(1) (2004)). This filing is authorized by Section 31(c)(2) of the Act (415 ILCS
    5/31(c)(2) (2004)).
    See
    35 Ill. Adm. Code 103.300(a). Under the proposed stipulation, Lazar
    admits the alleged violations and agrees to pay a civil penalty of $5,500.
     
    Unless the Board determines that a hearing is needed, the Board must cause notice of the
    stipulation, proposed settlement, and request for relief from the hearing requirement. Any person
    may file a written demand for hearing within 21 days after receiving the notice. If anyone files a
    timely written demand for hearing, the Board will deny the parties’ request for relief and hold a
    hearing. 415 ILCS 5/31(c)(2) (2004); 35 Ill. Adm. Code 103.300(b), (c). The Board directs the
    Clerk of the Board to provide the required notice.
     
    IT IS SO ORDERED.
     
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    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board
    adopted the above order on August 17, 2006, by a vote of 4-0.
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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